19920402 Ver 1_COMPLETE FILE_19920730

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO August 19, 1992
Regulatory Branch
Action ID. 199202905
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
Reference the application of Mr. Nicholas J. Santoro for State and Federal
authorization to expand commercial marina facilities, increasing the number of
boatslips form 10 to 38, on Browns Creek, near Whortonsville, in Pamlico
County, North Carolina.
The Federal agencies have completed review of the proposal as presented by
the application and your field investigation report. By letters of August 6
and August 13, 1992.(copies enclosed), the U.S. Environmental Protection
Agency (EPA) and the National Marine Fisheries Service (NMFS) recommended
denial of authorization. These agencies anticipate that expansion of marina
facilities would result in degradation of water quality and significant
adverse effects on shellfish. EPA informs us that the North Carolina
Shellfish Sanitation Office has determined that accomplishment of the work
would necessitate closure of shellfish harvesting areas. We agree with EPA
and NMFS that water quality and shellfish would unduly suffer if the work is
accomplished and authorization for expansion of the marina facilities should
be denied.
Questions or comments may be addressed to Mr. Norm Sanders,.Washington
Field Office, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosures
? ." - 4...
-2-
Copies Furnished (without enclosures):
'/r. John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
NORTH LINA
COASTAL
FEDERATION
IPA.-
HADNOT CREEK FARM • 3223-4 HIGHWAY 58 • SWANSBORO, NORTH CAROLINA028584 • [phone]
November 7, 1992
Roger Schecter, Director
N.C. Division of Coastal Management
P.O. Box 27687
Raleigh, NC 27611
F
p
NOV 13 1992
-ER ,*QUALITY
SECTION
RE: MAJOR CAMA PERMIT APPLICATION BY NICK SANTORO TO CONSTRUCT
A 38 SLIP MARINA IN BROWN CREEK, WHORTONSVILLE, PAMLICO
COUNTY
Dear Roger:
We have reviewed the above referenced permit application to construct 28 additional
boat slips at an existing 10 boat marina. The proposed project would be in open shellfishing 4
waters. An "existing" shellfishing use, as defined by EPA (see attached memorandum) is
present at t e pr sed marina site. ----- .4
Under regulations adopted by the Health Services Commission (Statutory Authority
G.S. 130A-230, 15A NCAC 18A .0911, effective June 1, 1989), the presence of 38 slips at
this location would result in the closure of all waters to shellfishing within the area of the\
docks, and an additional closure. to shell" If`sh ng of all waters within 100 feet of the docks.
This automatic closures would result in the loss of an "existing use" in Browns Creek. This
loss of an "existing use" would be in violation of the N.C. Environmental Management
Commission's Antidegradation Policy. (See August 14 MEMO in the permit application file
from Preston Howard, N.C. Division of Environmental Management to John Parker, NC
Division of Coastal Management.)
The N.C. Coastal Resources Commission's regulations and the Coastal Area
Management Act prohibit the automatic closure of shellfishing waters to allow construction
of this marina. The following regulations would be violated:
(1) 15 NCAC 07H.0208(2)(C): Development shall not violate water and air quality
standards.
"
pnneon r«yusd pip«
November IL7, 1992
Page 2.
(2) 15 NCAC 07H.0601: NO VIOLATION OF ANY RULE - No development stall be
allowed in any AEC which would result in a contravention or violation of any rules,
regulations, or laws of the State of North Carolina or of local government in which
the development takes place.
(3) 15 NCAC 07H.0602: POLLUTION OF WATERS - No development shall be allowed
in any AEC which would have a substantial likelihood of causing pollution of waters
of the state in which shellfishing is an existing use to the extent that such waters
would be officially closed to the taking of shellfish.
It is clear from the permit application, public and agency comments, and state and
federal regulations that this project cannot be permitted. Furthermore, the type of marina
being proposed does not qualify for the 30 boat exemption provision contained in the Health
Services Commission rules. There is no demand in this area for small boat (under 21 foot)
marinas.
The applicant appears to have been advised by his attorney to put the permit
application on hold and conduct expensive site evaluations. We would encourage you to
make clear to Mr. Santoro that his expenditures on costly environmental studies will not
improve his chances of receiving a permit. The current biological and water quality
conditions at the site are not the governing factors in defining "existing uses." There is
ample evidence that shellfishing has occurred at this site after November 28, 1975. The state
must enforce the objective of the Clean Water Act which is to restore and maintain the
chemical, physical, and biological integrity of the Nation's waters.
Please notify us immediately of any permit application modifications or decisions
made in regard to this project. After you have denied this permit, we would like to be
notified immediately of any decision by the applicant to appeal the decision.
Thank you for considering our comments.
Sincerely,
Todd Miller
Executive Director
Febno 1, _%
iEB UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
FED 2
.dJccT: Interpretation of the Term "Existing Uses" s ?--
Under the Antidegration Policy
FROM: Patrick M. Tobin, Director
Criteria & Standards Division
TO:
James S. Kutzman, Region IV
Water Quality Standards Coordinator
Under a proper interpretation of the term, an "existing use"
can be established by demonstrating that fishing, swimming, or
other uses have actually occured since November 28, 1975, or
that the water quality is suitable to allow the use to be attained
(unless of course there are physical problems, such as substrate
or flow, which prevent the use regardless of water quality). In
your specific example, shellfish apparently are propagating and
surviving in a hiologically suitable habitat and are available.
and suitable for harvesting. Such facts clearly establish that
shellfish harvesting is an "existing" use,- not one dependent on
improvements in water quality. To argue otherwise would be to
say that the only time an aquatic protection use "exists" is
if someone succeeds in catching fish, and that has never been
EPA's position.
Section 101(x)(2) of the Clean Water Act calls for that
level of water quality which . provides for the protection
and propagation of fish, shellfish,...". To say that the shell- -'
fish use exists, and that the water quality must be maintained,
only if the shellfish are literally being "harvested" undercuts
the objective of the Act to restore and maintain the chemical,
physical, and biological integrity of the Nation's waters.
cc: Regional WQS Coordinators
Cathy Winer (LE-132W)
Ed Johnson
?%t
JAN-27-193 WED 14:15 ID:DIU OF COASTAL MGMNT TEL NO:C919) 733-1495 9014 P01
`Wt ?C? J
•?V
• ?,.° -?- 4? by ? /l? l /L? .
3 iQQ n
3 •-'
State of North Carolina 6' 8 L
Department of Environment, Health, and Natural Resources
)Division of EnvitonmentM Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Mardn, Governor A. Preston Howard, Jr,, P,E.
William W. Cobey, Jr., Secretary August 14, 1992 Acting Director
MEMO
TO: John Parker
FROM: A. Preston Howard, Jr.
Acting Director
.RE: Division of Environmental Management Comment on Mr. Nick
Santora Project
DEM # 92402
Pamlico County

The Division of Environmental Management staff have reviewed
the Rick Santoro project in Pamlico County, Mr. Santoro proposes
to expand an existing 10 slip pier by constructing a 38 slap
marina. In 1988, DEM recommended denial of a proposal for this
same site to expand the existing 10 slip pier to a 61 slip
marina. The issue then was that this expansion would result in
automatic closure of open shellfish waters (SA - open) by the
Director of the Division of Environmental Health (DEH). The same
issue is still pertinent in this present proposal. If approved,
this project would result in permanent closure of SA waters by
DEM. Furthermore, closure of shellfishing waters would result in
a violation of our Antidegradation'water quality standard (15A
NCAC 2s .0201). Therefore, DEM recommends that the Division of
Coastal management deny this project since it would result in
violation of water quality standards.
Please call Mr. John Dorney at 733-1786 if you have any
questions.
CC; Washington DEM Regional office
Central Files
REGIONAL OFFICES
Asheville Fayetteville Mooresville Palcigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 9191896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
' i R C'7171D
?A
?` T4 WAsi-IiNGfON OFFICE
u c 1992
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
3411 Arendell Street • Morehead City, North Carolina 28557
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary July 13, 1992 Director
MMRANDUM:
TO: Dr. George T. Everett, Director
Division of Environmental Management
FROM: John R. Parker, Chief
Major Permits Processing Section
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Nick Santoro
Project Location: SR1326, Brown Creek, Whortonsville, Pamlico County
Proposed Project: to expand his existing pier to construct a 38 slip marina
Please indicate below your agency's position or viewpoint on the proposed
project and return this form by August 3, 1992. If you have any questions
regarding the proposed project, please contact David Noble at 919/726-7021.
When appropriate, in-depth comments with supporting data is requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended
/ /changes are incorporated. See attached.
v This agency objects to the project for reasons described in the
nttnrhPd rnmmantc_
S
Date / /Z-
P.O. Box 769, Morehead City, North Carolina 28557 Telephone [phone]
An F(Iual Op(x)rtmity Amrmamc Aktion Frnplover
To: John Dorney
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA MAJO?R1 PERMIT APPLICATION REVIEW
WaRO PROJECT # 9o-
REVIEWER: SAWYER
WQ SUPERVISOR:
DATE:
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 92 PERMIT NO.: COUNTY:
PROJECT NAME:.%am: tb ? V"
PROJECT TYPE: M44A4%-t. PERMIT TYPE: /C
COE #: DOW:
RCD FROM CDA:Q5-9p DATE FROM CDA:
REG OFFICE: WSRO RIVER AND SUB BASIN#:
*STREAM OR ADJACENT WATER BODY:
CLASS: 6& STREAM INDEX #:
*OPEN OR CLOSED: Or-r-
WL IMPACT: WL TYPE:
WL REQUESTED: WL ACR EST:
HYDRO CNECT?: WL SCORE:
MITIGATION: MITIGATION TYPE:
MITIGATION SIZE: RATING SHEET A D?:
RECOMMENDATION: ISSUE ISSUE/COND DE
THORPE
r E E 7&?, 2
49 p4k :T.N ?,
U ACITY SECT i?,; 4
a 13<0
STORMWATER PLAN REQ'D: 7
IF YES, DATE APPROVED: /?/g
PfROO,JECT DE§CRIPTION:
41
WATER QUALITY CERT- (401)
CERT. REQ'D:
IF YES, TYPE:
SEWAGE DISPOSAL ,
TYPE OF DISPOSAL PROPOSED: 44aW. /tx,,?s
(EXISTING, PROPOSED, SEPTIC TANK ETC.)
TO BE PERMITTED BY:
(DEM, DHS,
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FILL
AREA OF FILL: WATER: N 4" WETLAND: /Y
IS FILL ELIMINATING A SIGNIFICANT USE?
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? N,4
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? /V#
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: , MARINA SERVICES:
OXYGENINBASIN:7 CLOSURE OF SHELLFISHING WATERS:
•?
Page Two
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS:
e-J
!o l irr?c?.-..rya.. .•-,?., / ? $ ? /? I1 ? ,
cam., .
cc: Central Files
Washington Regional Office Files
DCM-John Parker
Elizabeth City
Morehead City
Washington
COE:Washington Field Office
DIVISION OF ENV RONM^NTAL MANAGEMENT
2 ?-
MEMORANDUM
TO: Bill Moore, Environmental Engineer
Water Quality Section, WaRO
FROM: Deborah Sawyer, Environmental Technician
Water Quality Section, WaRO
SUBJECT: Dredge and Fill Reviews 4w•iis1qWfor Stormwater Review
Project: /14ti..?..ml1'1 _ gla8k
Project No.:
Date Received:_ _ QD-U 7 1 S
Ft. as Date Comment: 2.6 7 2-
Description of Project:
4w
Comments:

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME Nick Santoro
2. LOCATION OF PROJECT SITE SR1326, Brown Creek, Whortonsville
Pamlico Countv
(S-13 & 14)
PHOTO INDX: 1989: 117-9- (0-11) 1984: 53-1247 (T-13 & 14)
STATE PLANE COORDINATES: X: 2707600 Y: 498800
rTJ?T-
3. INVESTIGATION TYPE: DREDGE & FILL
4. INVESTIGATIVE PROCEDURE:
JUL24
(A) DATES OF SITE VISIT 1/22/88 5/92
?g
(B) WAS APPLICANT PRESENT YES NO
REVISED:
5. PROCESSING PROCEDURE: APPLICATION RECEIVED June 10, 1992
OFFICE_ Morehead City
6. SITE DESCRIPTION:
(A) LOCAL LAND USE PLAN Pamlico Count
LAND CLASSIFICATION FROM LUP Rural with Services
(B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE X
COASTAL WETLANDS PUBLIC TRUST WATERS X
ESTUARINE WATERS X OTHER
(C) WATER DEPENDENT: YES X NO
(D) INTENDED USE: PUBLIC PRIVATE COMMERCIAL X
(E) TYPE OF WASTE WATER TREATMENT: EXISTING septic tank system
PLANNED an additional septic tank system
(F) TYPE OF STRUCTURES: EXISTING mobile home & 10 slip dock
PLANNED 38 slip marina
(G) ESTIMATED ANNUAL RATE OF EROSION N/A SOURCE N/A
7. HABITAT DESCRIPTION:
(A) VEGETATED WETLANDS
NONE
DREDGED FILLED OTHER
(B) NON-VEGETATED WETLANDS:
public trust waters
(C) OTHER:
parking
sq.
19,264 ft.
sq.
12,500 ft.
(D) TOTAL AREA DISTURBED: Approximately 32,000 sq. ft.
(E) PRIMARY NURSERY AREA: YES X NO
(F) WATER CLASSIFICATION: 'SA' OPEN: YES X NO
8. PROJECT SUMMARY: The applicant plans to expand his existing pier
to construct a 38 slip marina.
or
FIELD INVESTIGATION REPORT - NICK SANTORO, PAMLICO COUNTY
PAGE #2
9. NARRATIVE DESCRIPTION: The applicant's property is a 20
acre tract located off SR1326, on Brown Creek, in
Whortonsville, Pamlico County. In 1988, the applicant
submitted an application for construction of a 61 slip
commercial marina. That application was subsequently denied
on July 22, 1988. The decision was appealed to the Coastal
Resources Commission, and, the Division of Coastal
Management's decision was affirmed on December 7, 1990. The
applicant did receive a permit for 10 slips which was issued
on December 21, 1988, and, the 10 slips have been
constructed as permitted.
This new permit application is for the construction of an
additional 28 slips (for a total of 38 slips). The 10
existing slips and 28 proposed slips are in the same
location as 38 of the 61 originally proposed slips.
The proposed project is to add 28 slips (39' in length) on
the upstream side of the existing 10 slip dock. The
applicant is proposing a two (2) toilet facility for patrons
of the marina. He also proposes a marine pumpout hooked up
to a septic tank. A 20 car marl parking area is proposed on
highground.
10. ANTICIPATED IMPACTS: The
classified as 'SA' by the
Management, designated as
Division of Marine Fisher
by the Division of Marine
Environmental Health.
waters of Brown Creek are
Division of Environmental
a Primary Nursery Area by the
ies, and are open to shellfishing
Fisheries and Division of
During the previous permit application review, the North
Carolina Division of Marine Fisheries found a significant
oyster resource in the project area.
The additional slips will occupy approximately 19,264 sq.
ft. of public trust waters.
PREPARED BY: W. DAVID NOBLE
DATE: JULY 13, 1992
s
r0
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trol. If the requested information is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed_ for all projects.
1 APPLICANT
a. Name Nicholas J Santoro
Address Rt. 1, Box 203B
City Merritt. State NC
Zip 28556 Dayphone 249-2867
X Landowner or Authorized agent
b. Project name (if any) Ensign Harbor
c. If the applicant is not the landowner, also give the
owner's name and address.
NA
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary road number
SR 1326 (Old Lupton Road)
b. City, town, community, or landmark
Whortonsville, NC
c. County Pamlico
d. Is proposed work within city limits or planning
jurisdiction? NO
e. Name of body of water nearest project
Rrnwna C:rPPk
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
New woik
c. Will the project be for community, private, or
commercial use?
Commercial
d. Describe the planned use of the project.
Boat dockage and ump out facility
only. No fuel-.or-repair services.
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 20 acres
b. Size of individual lot(s) NA
c. Elevation of tract above mean sea level. or
National Geodetic Vertical Datum
Approximately 4 ft.
d. Soil type(s) and texture(s) of tract
Charleston loamy fine sand
e. Vegetation on tract Pine trees & lawn
f. Man-made features now on tract House, ditches,
Cemetary, access road, 10 slips
g. What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
Conservation Transitional
Developed Community
_X Rural W/services Other
h. How is the tract zoned by local government?
i. How are adjacent w.aters_classified?-
SA, Primary Nursary
a. Describe all development activities you propose (for j
example, bui ding a home, motel, marina, bulkhe??,
or pier). Tge proposed project wi
add 29 slips to 10 existing slips
on Browns reek, a bathroom facility
and a pump out station for waterborne
vessels.
3/91
Has a professional archaeological survey been
carried out for the tract? N_ If so, by whom?
.....,.....?.?«.-...,..rte.. ?..,....,v
0
I
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed 28 additional b
b. Number of lots or parcels NA
c. Density (Give the number of residential units and the
units per acre.) One per 20 acres.
d.-'Size bf area'to be grade or distdrbeZd
n, one -
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? NA
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
None
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be u ed for paved surfaces.
Mari driveway_
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? NA
i. Describe proposed sewage disposal and/or waste
m. Water supply source County water
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
o. If the project is on the oceanfront, what will be the
elevation above mean sea level of the first habitable
floor? NA
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Length Width Depth

>t n'``''
•
1. ,? -, .. .. yz..
s ..:. •.:• :`t.; ..

water treatment facilities. Fill placed in
Septic an system wetland or below
MHW
j. Have these facilities received state of local approval? Upland fill
Not yet areas
k. Describe existing treatment facilities.
Septic tank-system-
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down"). Surface runoff
2
b. Amount of material to be excavated from below
water level in cubic yards NA
c. Type of material NA
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
NA
e. High ground excavation, in cubic yards
3/91
0
f. Dimensions of spoil disposal area
NA
g. Location of spoil disposal area NA
h. Do you claim title to the disposal area? NA
If not, attach a letter granting permission from the
owner.
c. Shoreline erosion during preceding 12 months, in
feet None
d. Type of bulkhead material , - NA
e. Amount of fill, in cubic yards, to be placed below
mean high water. NA _
f. Type of fill raterial NA=,

i. Will a disposal area be available for future
maintenance? NA
If so, where? NA 8 ADDITIONAL INFORMATION
j. Does the disposal area include any marshland,
swamps, or water areas?
In addition to the completed application form, the follow-
ing items must be submitted:
k. Will the fill material be placed below mean high
water? NA
1. Amount of fill in cubic yards NA
in. Type of fill material NA
n. Source of fill material NA
o. Will fill material be placed on marsh or other
wetlands? NA
p. Dimensions of the wetland to be filled
NA
q. How will excavated or fill material be kept on site
and erosion controlled? NA
r. What type of construction equipment will be used
(for example, dragline, back. Xe, or hydraulic
dredge)? 11V?
s. Will wetlands be crossed in transporting equipment
to project site?NA If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap NA
b. Average distance waterward of mean high water or
normal water level _ NA
3/91
A copy of the deed (with state application only) or other
instrument under which the applicant claims, titleto the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on an 8
1/2 x 11 white paper. (Refer to Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 18 high
quality copies are provided by applicant. (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county road (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity. ^ 3M
fTP7
I{ ln`1'
.T?F
hAY 1 8 1992
'LrC
C-

s.
I*
Name Mr. & Mrs. Kevin Bryan
Address Old Lupton Rd.
Whortonsville, NC 28556

Name
Address Merritt PO
Mrs Rns6 neimo
Rt 1, Old Lupton Rd.

Name Whartnngvi 1 1 P _ NC 28556
Merritt PO
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
CAMA
Permit #258-88, Issued 12/21/88
A check for $250 made payable to the Department of
Environment, Health, and Natural Resources to cover
the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).

4
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND
Any permit issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I further certify that I am authorized to grant, and do in
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information related
to this permit application and follow-up monitoring of
project.
This is the 14 day of Ma.Y , 1992.
X
/. Qd""
Landowner or Au zed agent
3/91
s
Form DCM-MP-2
"INA
DEV?LOPMEI?IT
n Attach This form to Joint Application for CAMA Major
Permit. Be sure to complete all other sections of the
Joint Application which relate to this proposed project,
including upland areas, even if duplicative. - All shore-
based facilities must be included in application and work
plats.
f. Describe the typical boats to be served (for example,
open runabout, charter boats, sail boats, mixed
types). Mostly Sail
g. Typical boat length 39-1
1 MARINA CHARACTERISTICS
a. Check belpw,the type of marina proposed.
X, Commercial Public ^ Residential
b. Will the marina be open to the general public?
Yes
C. If there is residential development associated with
the marina, how many units or lots are planned?
NA
d. Check all of the types of service to be provided.
Full service, including travel lift and/or rail
Dockage, fuel, and marine supplies
_x Dockage ("wet slips") only
Numberofslips 28 new (10 existing)
Dry storage
Number of boats
Boat ramp(s)
Other (describe)
C. Check below the proposed type of siting.
Land cut and access channel
Open water with dredging for basin
and/or channel
x_ Open water, no dredging required
Other (describe)
3/91
h. -N-4aximum boat length
40'
i. Are any floating buildings planned? No
If so, describe.
2 MARINA OPERATIONS
a. Check each of the following sanitary facilities which
will be included in the proposed project.
Office toilets
x Toilets for patrons
'-umber 2
Location Facility to be built
x Showers
_c Boat holding tank pumpout
Type and location Septic tank system
to be constructed.
b. Describe treatment type and location for all sanitary
wastewater. Septic system to be built
c. Describe solid waste, fish offal, and trash disposal.
Trash recepticals to be emptied
and hauled away by private service.
O?LCL?1C111V.lIr`
pl MAY 1 81992..
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d. How will overboard discharge of sewage from boats i. Give the location of fuel handling facilities and
becontrolled? describe the safety measures planned to protect area
Slip rental agreement to include waterquality. There will be no fuel
"locked head" clause. Signs posted handling facilities.
prohibiting discharge. Monitoring
of ve s s e 1 s . j. Describe design measures that promote boat basin
flushing or circulation and reduce water quality
e. Give the location and number of "No Sewage impacts. Open system
Discharge" signs proposed.
On main vier leading to all slivs,
in office, on rental agreement . k. What will be the marina policy on overnight and
live-board dockage? No 1 iva-aboards .
Overnight-.-, mil.-it use on sho ei li tieE
f. Describe the special design, if applicable, for
containing industrial type pollutants, such as paint,
sandblasting waste, arid petroleum products. 1. Is the proposed marina located near any shellfish
There will be no hauling, painting, leases? NO If so, give the name and address of
sand blasting _or_petroleum products theleaseholder.
available at this facility.
g. Where will residue be disposed of? NA m. If this project is an expansion of an existing marina,
what types of services are currently provided?
iliti
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h. Give the number of channel markers and "No Wake" es
ac
n. s
at
roam
ore
signsproposed. Channel markers already
in place. One "no wake" sign to be
tlacea .
How many slips are now available? ..10
Note: Regulatory signs such as these require addition
approval by the N.C. Wildlife Resources Commission.

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NOU-10-1992 14:22 FROM EHNR WRSH REU UHH 1CE l u 1y1?'(5 51 SSt? h'. 101
HADNOT CREEK FARIN1 •

2
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Post-it", brand fax transmittal memo 7671 #af pages
From
Ca. etK Arm
Dolts c ?)d?.. •
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Fax ?t Fax x

COASTAL
FEDERATION
November 7, 1992
Roger Schecter, Director
N.C. Division of Coastal Management
P.O. Box 27687
Raleigh, NC 27611
RE: MAJOR CAMA PERMIT APPLICATION BY NICK SANTORO TO CONSTRUCT
A 38 SLIP MARINA IN BROWN CREEK, WHORTONSVILLE, PAMLICO
COUNTY
Dear Roger:
We have reviewed the above referenced permit application to construct 28 additional
boat slips at an existing 10 boat marina. The proposed project would be in open shellfishing
waters. An "existing" shellfishing use, as defined by EPA (see attached memorandum) is
present at the proposed marina site.
'U'nder regulations adopted by the Health Services Commission (Statutory Authority
G.S. 130A-230, 15A NCAC 18A .0911, effective June 1, 1989), the presence of 38 slips at
this location would result in the closure of all waters to shellfishing within the area of the
docks, and -an additional closure to shellfishing of all waters within 100 feet of the docks.
This automatic closures would result in the loss of an "existing use" in Browns Creek. This
loss of an "existing use" would be in violation of the N.C. Environmental Management -
Commission's Antidegradation Policy. (See August 14 MEMO in the permit application file
from Preston Howard, N.C. Division of Environmental Management to John Parker, NC
Division of Coastal Management.)
The N.C. Coastal Resources Commission's regulations and the Coastal Area
Management Act prohibit the automatic closure of shellfishing waters to allow construction
of thismarina. The following regulations would be violated:
(1) 15 NCAC 07H.0208(2)(C):
standards.
' - ?D?WM?1'CNOa?Or
Development shall not violate water and air quality
NOU-10-1992 14:23 FROM EHNR WHSH HEU UFFICE Iu 1717( 51?5ti r.e?
November 7, 1992
Page 2.
(2) 15 NCAC 07H.0601: NO VIOLATION OF ANY RULE - No development stall be
allowed in any AEC which would result in a contravention or violation of any rules,
regulations, or laws of the State of North Carolina or of local government in which
the development takes place.
(3) 15 NCAC 07H.0602: POLLUTION OF WATERS - No development shall be allowed
in any AEC which would have a substantial likelihood of causing pollution of waters
of the state in which shellfishing is an existing use to the extent that such waters
would be officially closed to the taking of shellfish.
It is clear from the permit application, public and agency comments, and state and
federal regulations that this project cannot be permitted. Furthermore, the type of marina
being proposed does not qualify for the 30 boat exemption provision contained in the Health
Services Commission rules. There is no demand in this area for small boat (under 21 foot)
marinas.
The applicant appears to have been advised by his attorney to put the permit
application on hold and conduct expensive site evaluations. We would encourage you to
make clear to Mr. Santoro that his expenditures on costly environmental studies will not
improve his chances of receiving a permit. The current biological and water quality
conditions at the site are not the governing factors in defining "existing uses." There is
ample evidence that shellfishing has occurred at this site after November 28, 1975. The state
must enforce the objective of the Clean Water Act which is to restore and maintain the
chemical, physical, and biological integrity of the Nation's waters.
Please notify us immediate of any permit application modifications or decisions
made in regard to this project. After you have denied this permit, we would like to be
notified immediately of any decision by the applicant to appeal the decision.
Thank you for considering our comments.
Sincerely,
,.. Todd Miller
Executive Director '
NOU-10-1992 14:23 FROM EHNR WASH REG OFFICE iu lyiyrssissr? r.?s
;???' febrv
cEB 2 1. 5 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
FES 2 2 -
r -
Interpretation of the Term "Existing Uses`
Under the Antidegration Policy =
- Patrick M. Tobin, Director 1
:Criterith & Standards Division
roe James S: Kutzman, Region IV
water Quality standards Coordinator
Under a proper interpretation of the term, an "existing use"
can be established by demonstrating that fishing, swimming, or
other uses have actually oceured since November 28, 1975, or
that the water quality is suitable to allow-the use to be attained
(uniess'of course there are physical problems, such as substrate
or flow, which prevent the use regardless of water quality). In
your specific example, shellfish apparentiy are propagating and
surviving in a hiologically suitable habitat and are available.
and suitable for harvesting. Such facts clearly establish that
shellfish harvesting is an "existing" use.. not one dependent on
improvements in water quality. To argue otherwise would be to
say that the only time an aquatic protection use "exists" is
if someone succeeds in catching fish, and that has never been
EPA's position.
Section 101(x)(2) of the Clean Water Act calls for that
level of water quality which "... provides for the protection
and propagation of fish, shellfish,...". To say that the shell-
fish use exists, and that the water quality must be maintained,
only if the shellfish are literally being "harvested" undercuts
the objective of the Act to restore and maintain the chemical,
physical, and biological integrity of the Nation's waters.
cc=. Regional WQS Coordinators
Cathy Winer (LE-132W)
Ed Johnson
uy
1
TOTAL P.03